St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-22


tholized TO establish such rules, regulations in
that behalf as to them may seem just and rea-
sonable and not in conflict with this act.
SEC g. (a) That eVery common carrier, sub
| Ject to the provisions of this act, shall within
| sixty (6Dl days after this act shall take effect,
| print and thereafter keep for public inspection
schedules showing the classification rates, fares
and charges for the transportation of passengers
and property of all kinds and classes which
which are III force at the time, upon it's
railroad. defined by the first section OF this
act, The schedule printed as aforesaid by
such common carrier shall plainly state
| the places upon its railroad between
which property, and passengers will be
carried, and shall contain "classifications
OF freight" in force upon the lines of such rail-
| road, distance tariff, and table of inJersta-
| tion distances and shall also state separately
| the terminal charges, and any rules regula-
lions which in any wise change, affect or deter
mine any part of the aggregate of such afore-
said rates. fares and charges. Such schedules
shall be plainly printed in large type, and copies,
| for the of the public, shall be KEEP: in every
depot or station upon any such railroad. in such
places and in such form that they can be con-
venently inspected.
| (b) No change of classification shall he made,
and no change shall be made in the rates. fares
and charges which have been established and
| published az aforesaid, by any common car
rer in compiia nee with the requirements of this
section, except after ten l0) days public notice,
which notice shall plainly state the changes pro-
posed to be made in the schedules then in force.
| and the time when the changed schedules will
go into effect, and the proposed changes will
|
plainly indicated upon the schedules in force at
| the time and kept for public inspection.
(c) And when any common carrier shall have
established and published its classifications,
| rates, fares and charges in compliance with the
provisions of this section, it shall be unlawful
for such common carrier TO charge, demand, col
lect receive frem any person or persons
greater or less compensation for the transporta-
ton of passen or property or for any service
in connection Herewith than IS specified in such
published schedule OF classliications. rates,
fares and charges as may at the time be in force.
(dl Every common carrier, subject to the pro-
visions Of this act, shall file with the commission
hereafter provided for i'll section ten (lo) of this
| act, copies of its schedules of cl ssitications,
| rates. fares and charges which have been estab-
lished i'll compliance with the requirements of
this section, and shall PR rnHtly notify said
commission of all changes Pr, po Led to be made
in the same Every Common carrier shall also
fje with said commission copies OF all contracts,
agreements arrangements with other COM
mon carriers in relation to any traffic affected
! by the provisions of this act, to which con-
| tracts, agreements or ARRANGEMENTS it may be a
party. And in cases where passengers or freight
pass over lines or routes operated by more than
one common carrier, and the several common
carriers operating such lines routes, establish
JOINT schedules of rates fares or charges or
ciassitications for such lines routes copies Of
! such joint schedules shall also, in like manner,
be filed with sad commission. Such joint
schedules of rates, fare, charges and classified
tions, for such lines, filed as aforesaid, shall
also be made public by such common car
riers in the same manner as hereinbefore pro-
vlded for the publication OF tariff upon its own
lines.
(e) That in case the commission shall at any
| time find that any part Of the tariffs of rates,
fares, charges or classihcations so filed and pub
1ished as hereiubefore provided, are in any re-
spect unequal Or unreasonable, it shall have the
power and is hereby authorized and directed to
compel any common carrier to change the
same and adopt such rate, fare, charge or
classification as said commission shall declare
to be equal and reasonable To which end the
commission shall, in writing, inform such COM
mon carrier, in what respect such tariff OF rates,
fares. charges or classifications are unequal ana
unreasonable and shall recommend what tariffs
shall be substituted therefor.
| 81 In case such common carrier shall neglect
or refuse for ten Q0) days after such notice to
substitute such tariff of rates, fares, charges or
claSsifcations, or TO adopt the same as recon-
mended by the commission, it shall be the
duty of said commission to Immediately publish
such tariff of rates. fares charges and ciassifica
tions as they had declared to be equal and rea-
sonable, and cause the same to be posted at all
the regular stations on the line of such common
carrier in this STATE and thereafter it snail
be unlawful for such common carrier to charge
or maintain higher or lower rate, fare, charge
or classification than that SO fixed and published
by said commission.
tg) 1t any common carrier, subject to the
provisions OF this act; shall neg, NEGLECT
classihcations rates, fares or charges anv part
/ thereof provided in this section, il any
common carrier shall refuse or neglect to carry
out such recommendation made and published
by said commission, such common carrier shall
be subject to a writ Of nandamus, TO be issued by
any Judge or the supreme court, Oh any OF The
distpie5 courts of this state upon application Of
the commission. to compel compliance with The
4 fedslfsstsflts Of this section and with the rec
onmendatibn of the commission and failure
to comply with the requirements of said
writ Of mandamus shall be punishable
as and for contempt, and the said
commission, compliments, may also apply
to any such judge for a writ of injunction
against such common carrier from receiving or
transporting property or passengers within this
state until such common carrier shall have
complied with the requirements of this section
and the recommendation of said commission:
and for any wllful violation or failure TO comply
with such requirements or such recommendation
of said commission, the court may award such
costs, including counsel fees, by way OF
penalty, the return of said WritS and after
due dellberation thereon, may be lust.
| SEC 8. (a) That commission is hereby Gre
ated and established, to be known as the Rail
road and Warehouse Commission of the State
Of Minnesota" which shall be composed of three
commissioners, who shall be appointed by the
governor, by and with the advice and consent
of the senate.
| (bl The commissioners first appointed under
this act shall continue in office for the term of
one, TWO aud three years respectively, and until
their successors are appointed and qualified, be-
ginning with the first Monday OF January A. D.
1889; the term of each to be designated by the
governor, but their successors shall be appointed
for the term OF three years, and until their sue
cessors are appointed and qualified, except that
any person chosen to fill vacancy shall be ap-
pointed only for the uuexpired term Of the COM
missioner whom he shall succeed. ANY COM
missioner may be removed by the governor
for ineficiency. neglect OF duty, or NAL
feasance in office. Said commissioners shall
not engage in any other business, vocation
or employment while acting such commits
| sioners. No vacancy in the commission shall i'm
pair the right of the remaining commissioners
to exercise all the powers of the commission.
| tc) Vacancies occasioned bv removal, resigna-
ton other cause, shall be filled by the COVER
nor SIS provided in case of original appoint
mentS. Not more than two of the commission
ers appointed shall be members of the same
political party. No person in the employ of or
holding any official relation to any common car
rier subject to the provisions OF this act, any
law OF this state, or owning stocks OF bonds or
other property thereof, or who is in any manner
interested therein, shall enter upon the duties
OF or hold such Office.
Id The decision of majority of the commits
sion shall be considered the decision of the COM
mission on all questions arising for its considera-
ton. Before entering upon the duties OF his Of
fee each commissioner shall make and subscribe
and file with the secretary of state an aft
davit in the following form: II do sol
| emily swear Tor affirm, the case may bel that
l will support the constitution of the United
States and the constitution of the State of Min
nesota, and that l will faithfully discharge my
duties a member of the railroad and ware
house commission of the State of Minnesota,
according to the best OF my ability; and fur
| Their declare that am not in the employ of, or
holding any official relation to any common car
} rier within the state; nor am in any manner
J interested In any stock, bonds or other prop
erty of such common carrier
(el Each commissioner so appointed and quail
: fed shall enter into bonds to the State of Min
nesota, to be approved by the governor, in the
sum of $40. 000 conditioned for the faithful
! performance of his duty as a member of such
commission, which bond shall be filed with the
secretary of state.
r G) The commission shall conduct its pro-
ceedines in such manner as will best con-
duce to the proper dispatch of business and &c
the ends of Justice majority of the COM
missioners shall constitute q quorum for the
, transaction of business, but no commissioner
shall participate in any hearing or proceeding
| in which he has any pecun1ary interest Said